…Twombly and Iqbal to affirmative defenses are compelling” (dicta)); see Merchant & Gould, P.C. v. Premiere Global Services, Civ. File No. 09-3144 (JRT/JSM) (Mag. Judge Mayeron 12/30/09 Order, contra).  And U.S. Mag. Judge Arthur J. Boylan (D. Minn.) has gotten there first in Wells Fargo & Co. v. United States, CIVIL 09-2764 PJS/AJB, 2010 WL 2814317 (D. Minn. July 15, 2010).  On the other hand, Judge Boylan noted that the issue had not eve… Continue reading →

…y Company vs British Confectionary Company, et al. before the U.S. District Court for the District of Minnesota (Tunheim, J.) for and against sanctions for alleged discovery misconduct. How many out there envy U.S. Mag. Judge Arthur J. Boylan‘s task to tease apart malfeasance, nonfeasance, nonsense, and SNAFU? (Minnesota Litigator has recently noted that Judge Boylan does not shy away from serious discovery sanctions under appropriate circu… Continue reading →

…ion when plaintiffs sought to hold the company liable for its conduct in regard to preservation of information related to a 2004 RIF.  On March 14, U.S. District Court Chief Judge Michael J. Davis (D. Minn.) upheld Mag. Judge Arthur J. Boylan’s earlier decision in favor of Seagate. … Continue reading →

…tary Cenveo documents with her to SGS having represented that she had not, and SGS has been charged $100,000 for discovery sanctions in the case. Enough for a prima facie case for punitive damages?  No. Not as U.S. Mag. Judge Arthur J. Boylan (D. Minn.) has read the applicable law. It cannot have helped that Plaintiff flouted local rules regarding a prohibition on reply briefs, the failure to include a red-line of the proposed amended complaint, … Continue reading →

…ponsive pleadings — that is, answers to complaints (and, in particular, affirmative defenses raised by defendants)?  Do the heightened pleading standards apply to them too? While the recent decision from U.S. Mag. Judge Arthur Boylan (D. Minn.) in Wells Fargo v. United States, a tax overpayment dispute, is a long way’s off from a definitive answer to the question posed, Wells Fargo, at a minimum, could not successfully “strike&#… Continue reading →

…previous opinion, substituted today’s opinion, and Plaintiff-Appellee Donaldson Co. still loses. (The Eighth Circuit’s July opinion included analysis that was inconsistent with the recent U.S. Supreme Court case, Arthur Andersen LLP v. Carlisle, explaining the grant of rehearing and opinion revision but with same outcome.) … Continue reading →

A recent order by U.S. Magistrate Arthur Boylan (D. Minn.) is worthy of note in several respects.  First, a lawyer actually appears to have argued that creating and producing a privilege log to the opposing party violates Minnesota Rules of Professional Responsibility.  Second, Judge Boylan addresses the subtler question of what communications between a creditor and its law firm/debt collector would constitute privileged communications.  Third, … Continue reading →